SMJ Construction Among Defendants Named in Unpaid Wage Complaint

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A proposed collective and class action has been filed in New Jersey against TNC Construction, Inc.; SMJ Construction Tech LLC; SMJ Construction LLC and five individuals over allegations that the parties failed to pay construction workers proper minimum and overtime wages. The plaintiff, citing possible violations of federal and New Jersey, New York and Connecticut labor laws, claims he worked at least 51 hours per week—and sometimes more than 60—as a bricklayer for the joint-employer defendants between March and November 2017 without being paid time-and-a-half overtime. 

Other than the alleged non-payment of proper wages, at issue in the complaint are the defendants’ timekeeping practices. According to the lawsuit, the defendants’ attendance records do not note the start and end time of a particular work day, or the start or end of an employee’s meal break. Coupled with this is the plaintiff’s claim that the defendants were often late in paying employee wages. Even further, the man claims he was paid no wages at all for work he performed between September 11 and November 19, 2017.